Victorian Consolidated Legislation

VICTIMS OF CRIME ASSISTANCE ACT 1996

No. 81 of 1996
Version incorporating amendments as at 1 December 2008

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purpose and objectives of Act
   2.      Commencement
   3.      Definitions
   4.      Related criminal acts
   5.      Effect of death
   6.      Repealed

   PART 2-ELIGIBILITY FOR ASSISTANCE

           Division 1-Primary victims

   7.      Who is a primary victim?
   8.      Assistance available to primary victims
   8A.     Special financial assistance to primary victims for significant adverse effects

           Division 2-Secondary victims

   9.      Who is a secondary victim?
   10.     Assistance available to secondary victims
   10A.    Additional assistance available to certain secondary victims

           Division 3-Related victim

   11.     Who is a related victim?
   12.     Related victim pool
   13.     Assistance available to any one related victim
   14.     Repealed

           Division 4-Assistance for funeral expenses

   15.     Assistance available to person incurring funeral expenses for primary victim

           Division 5-Limits on assistance

   16.     Other entitlements to be taken into account
   17.     Loss of earnings
   18.     Applicant can only apply in one capacity

   PART 3-VICTIMS OF CRIME ASSISTANCE TRIBUNAL

           Division 1-The Tribunal

   19.     Establishment
   20.     Functions, powers and duties of Tribunal
   21.     Composition of Tribunal
   22.     Validity of proceedings
   23.     Tribunal staff
   24.     Delegation

           Division 2-Applications

   25.     Who may apply to the Tribunal?
   26.     Form of application
   27.     What application must set out
   27A.    Information to be given by related victim applicants
   28.     Where application is to be sent
   29.     Time for making application
   29A.    Right to withdraw an application
   30.     Repealed

           Division 3-Procedure and powers of Tribunal

   31.     Standard of proof
   32.     Duty to act fairly and expeditiously
   33.     Determination without hearing
   34.     Fixing time and place for hearing
   35.     Who is entitled to appear at hearing?
   36.     How may a party appear?
   37.     Evidence
   38.     Procedure of Tribunal
   39.     Investigative powers of Tribunal
   40.     Power of registrar to obtain information
   41.     Power to adjourn
   42.     Hearings open to public unless Tribunal directs otherwise
   42A.    Inspection of documents
   43.     Tribunal may restrict publication of material
   44.     Procedural directions
   45.     Guidelines
   46.     Scale of costs
   47.     Payment of expenses to person entitled
   48.     Costs
   49.     Complaints about service providers

           Division 4-Awards

   50.     Making of awards
   51.     Assignment of rights to the State
   52.     Mandatory refusal of application
   53.     Reasonable time for reporting act of violence
   54.     Matters to which Tribunal must have regard
   55.     Form of payment
   56.     Interim awards

           Division 5-Rules and practice notes

   57.     Rules
   58.     Practice directions

   PART 4-REVIEW, VARIATION AND REFUNDS

           Division 1-Review

   59.     Review of Tribunal decisions

           Division 2-Variation of award

   60.     Variation of award

           Division 3-Refunds

   61.     Pursuing other remedies
   62.     Refund of award

   PART 5-MISCELLANEOUS

   63.     Protection of members, advocates and witnesses
   64.     Contempt of Tribunal
   65.     Inadmissibility of evidence in other proceedings
   66.     Fraud
   67.     False or misleading information
   68.     Annual report
   69.     Payments to and from Consolidated Fund
   70.     Investment of trust money
   70A.    Money held by Tribunal for person under disability
   71.     Supreme Court-limitation of jurisdiction
   72.     Regulations
           73-75. Repealed
   76.     Transitional provisions
   77.     Transitional provisions (2000 and 2003 Amending Acts)
   78.     Transitional provisions (2003 Amending Act)
   79.     Transitional provision (2007 Amending Act)
           __________________
           SCHEDULE 1-Transitional Provisions
           1. Definitions
           2. Abolition of former Tribunals
           3. Staff of former Tribunal
           4. Pending applications or matters
           5. Applications in respect of acts before the commencement
           day
           6. Applications under former Act by persons who would be secondary victims under this Act
           7. Variation of old awards
           8. Recovery from offender
           9. Refund of old awards
           10. Recovery of old awards between dependants
           11. Enforcement of old costs orders
           12. Money held by former Tribunal
           13. Final annual report of former Tribunal
           14. Application of former Act and regulations
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details